Advocates beat Bar ban

2012-11-29 22:14
(Supplied)

(Supplied)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Bloemfontein - Efforts by the General Council of the Bar to ban more advocates from the profession for milking the Road Accident Fund failed on Thursday.

The Supreme Court of Appeal dismissed an appeal in a matter concerning 13 advocates who overcharged the Road Accident Fund.

In a majority judgment the SCA dismissed the council’s bid to strike off seven more senior members of the Pretoria Bar.

The court also dismissed appeals by six advocates from the Pretoria Bar to return their names to the roll.

The advocates were found to have accepted multiple cases on the same day (so-called double briefing) and charged a full day's fee for each case (overreaching).

Twelve advocates from the Pretoria Bar - Brenton Geach SC, Don Williams SC, Stef Gldenpfennig, Mark Upton, Ephraim Seima, Cassie Jordaan, Colin van Onselen, Thillay Pillay, Theunis Botha, Toy de Klerk, Percy Leopeng and Daniel Mogagabe - were found guilty on their own admissions of unprofessional conduct and disciplined.

A thirteenth advocate, French Bezuidenhout, was struck from the roll of advocates by the Pretoria Bar.

However, in proceedings in the High Court to confirm the Pretoria Bar’s disciplinary actions, the GCB intervened and sought orders striking the names of all the advocates from the roll.

The High Court disagreed but imposed further sanctions on seven: Geach, Williams, Gldenpfennig, Upton, Seima, Jordaan, and Van Onselen. They were ordered to repay the RAF.

Dissenting judgment

The names of Pillay, Botha, De Klerk, Leopeng, Mogagabe, and Bezuidenhout were ordered struck from the roll. They too had to repay the RAF.

The GCB asked the SCA that the seven whose names were not ordered to be struck from the roll by the High Court, be removed.

The six advocates struck from the roll appealed the orders against them. The SCA dismissed the GCB’s appeal.

The appeals by the six advocates to be allowed back to the Bar were also dismissed. However, the order that they had to repay the RAF was cancelled.

In the dissenting judgment, two judges felt the GCB’s appeals in respect of Geach, Gldenpfennig, and Van Onselen should succeed.

The two judges felt the three advocate's names should also be struck from the roll.

- SAPA
Read more on:    sca  |  gcb  |  raf
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
5 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

Month End Madness Sale!

Save up to 60% on across a wide range of goods from books to electronics, DVDs and many more. Sale end 31 January 2015. Shop now!

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Spontaneity and bright ideas are emphasized today but there is a tendency to be too impulsive and you may want to keep a handle on...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.